Mark Alan Sylvester's Answers

Do I need to open an Estate to file a mal practice/wrongful death suit on behalf of my father? He lived in Ohio.

This question is somewhat dependent on the laws in the State that you reside. Generally, yes, and Estate must be opened to pursue a malpractice/wrongful death lawsuit, and generally, the "personal representative," must reside in the State in which the Estate is opened, which again is generally where the decedent resided. There are some exceptions. You should consult with an estate lawyer on these issues.

1 lawyer agreed with this answer

I slipped & fell badly in a store, but chose not to get AMV. Now its been almost a month..To late to ask for medical from store?

No it is not too late to ask for medical payment benefits. However, it sounds like you have a fairly serious injury that could require ongoing medical care. In order to ensure that you are adequately compensated it would be wise to hire an attorney. The store does not have your best interests in mind.

1 person marked this answer as helpful

Can your license get suspended if you have an accident and didnt have insurance

Possibly. If the State in which you live requires you to have insurance, and you did not, it is possible that your license could be suspended, and you would likely have to pay a fine. However, if you hire a "ticket" attorney, they may be able to prevent your license from being suspended. If your parents owned the car both you, and your parents, are responsible for the damage that you caused to the other vehicle.

I was driving the last car in a three car hit and run accident

You should consult an attorney. Frequently, the investigating officer may discover evidence that confirms your version of how the incident occurred, including discovering witnesses. It is not unusual for an insurance company to deny a claim, in fact, it has been alleged that some insurance companies automatically deny more than 90% of claims made, even without proper investigation. It would be worthwhile for you to consult with an attorney who can assist you with discovering the truth....

How and where do I file a lawsuit, I was rear ended by someone and turns out they let their insurance lapse?

You should consult with a personal injury attorney in the Dallas, Texas area. In some instances, insurance may exist but have coverage wrongfully denied. An attorney can assist you with discovering if in fact insurance exists. In the event there is no insurance, you can still make a claim against the other driver. If that driver is found responsible, and has assets, you may be able to make a monetary recovery against that person. Again, you should consult with an attorney in the Dallas...

I was hit from behind and get back and neck pains off and on.. I went to my doctor and he put me on pain and muscle meds and

From the information you provided, you should consult with a personal injury attorney. The consultation is free of charge. Speaking with an attorney does not mean that you have to proceed with litigation, nor does it mean that you will recover anything. However, it should ensure that your rights are protected and that you get competent advice on how to proceed. If the accident was recent, it is very possible that you could have injuries which you do not fully understand or have not been...

I fell at work and broke tib and fib ankle. no wet floor signs. Getting run around from bwc. Can I sue

I can answer your question based on Florida law. Frequently, the laws in other states differ. In Florida, you are entitled to worker's compensation if you were injured while on the job. If you do not feel you are getting the benefits you are entitled to, you can sue. You will need to find a lawyer who handles workers compensation cases.

I was in a car accident in feb. 2008. I have a lawyer and I am done with my treatment. He told me to bring all bills to him.

There are deadlines with all cases involving personal injury. You should consult with your attorney. In Florida, the deadline is 4 years from the date of the incident to file your lawsuit. The limitation period may be less in Virginia. As it relates to your bills, your auto insurance company and/or health insurance company may have specific deadlines that are much shorter. Again, you should consult with your lawyer as soon as possible.

Can i recover for pain and suffering from a slip and fall at a Major food store, caused by an unmarked spill.

The answer to your question depends on whether you sustained an injury and the nature of your injury. If you sustained a serious injury that has resulted in a permanent impairment, the answer is yes. If you just sustained a bruise that didn't require medical treatment, and which resolved, it is unlikely that you will recover for pain and suffering. If you have a serious injury, it is best to consult with an attorney. Typically, large food store chains seldom pay compensation to an individual...

IF a driver has insurance on a vehicle but not the one they are driving are they still covered if they get into an accident.

The answer is that it depends on your insurance policy. The majority of insurance policies follow the driver no matter what car you are driving. However, there are some insurance policies that only cover you when you are driving a "listed" automobile. You will need to read through your insurance policy to determine whether you are covered. You can also obtain the answer by asking your insurance agent and/or insurance company. Make sure to get a copy of your full insurance policy and read it.